MUSTERING OF SHEEP.

Otago Witness, Issue 3995, 7 October 1930, Page 12

MUSTERING OF SHEEP.

AN UNSUCCESSFUL PROSECUTION. WANGANUI, September 30. The magistrate (Air J. H. Salmon i gave his reserved judgment in the case of Detective Revell against Keith Aitken, farm overseer, who was proceeded against for mustering stock for removal and not informing the adjoining owners. When the sheep were ou the road to the freezing works it was noticed that some of a neighbour’s fat stock were amongst them Counsel for the defence raised the point that the detective was not entitled to prosecute, as an information could only be laid, under the Stock Act, by a stock inspector or other person interested.

The magistrate held as follows:—“ It is clear that the Legislature intended that prosecutions should be brought only by an inspector or other person interested, and the only interpretation that can be put upon the words ‘or other person interested,’ is other person interested as the occupier of the adjoining land, or interested as the owner of the stock concerned or affected. To adopt the view that a stranger may prosecute from motives of interest in enforcing the law would be to put too violent a strain upon the language of the Statute, which is clear and unambiguous.” The information was dismissed.